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Assets abroad for K1- I-134 still needed?

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Filed: K-1 Visa Country: Australia
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If I (the non us citizen) have a sufficient level of savings do we still need an affadavit of support?

Reason i am asking is that we are both "overseas" and while both employed currently we wont be initially when we move to the USA>

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If I (the non us citizen) have a sufficient level of savings do we still need an affadavit of support?

Reason i am asking is that we are both "overseas" and while both employed currently we wont be initially when we move to the USA>

You need an affidavit of support no matter what/how the money comes about.

These are the instructions for the I-134: http://www.uscis.gov/files/form/i-134instr.pdf

I believe the financial sponsor must be resident in the USA (have domicile) there, though, so if you're both abroad and currently have no US ties, you may still need a joint sponsor, but I'm a little fuzzy on that requirement against the I-134. I'd suggest you search the forum for folks with cases like yours.

See also: http://www.visajourney.com/forums/topic/434100-i-134-usc-living-abroad/

Also: http://www.visajourney.com/forums/topic/409720-i-134-form/ See how in this case, they could not use assets as that embassy did not accept assets as proof of financial coverage. Check what your embassy allows.

Edited by lost_at_sea

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Filed: K-1 Visa Country: Australia
Timeline

thanks for quick reply.

So even if i have more than sufficient savings i still need affidavit of support from my fiancee?

How does it affect it if he will have left his job in OZ to move back to the USA?

Edited by usbridetobe
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thanks for quick reply.

So even if i have more than sufficient savings i still need affidavit of support from my fiancee?

How does it affect it if he will have left his job in OZ to move back to the USA?

Yes, you need an affidavit of support - you just use it to show your savings, rather than income.

The Oz income will count for nothing, as you won't have that when you're in the USA. It's basically a form to explain how you will be supporting your fiance when you ARE in the USA, so anything before doesn't count. You should have his tax returns though (I updated my above post with a couple more links, so go back and check in case you haven't seen them).

Also, this post is a couple years out of date, but should give you an impression of how much money you need. Bare in mind that your income in the USA will be 0, so use that as base number. http://www.visajourney.com/forums/topic/348207-form-134-is-it-mandatory-how-much-money-is-enough/

"The total net value of assets, less liens and liabilities against them, must equalfive times the difference between the sponsor's income and 125% of the poverty level for the household size"

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

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Filed: K-1 Visa Country: Australia
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I really appreciate your info, its so helpful.

My level of savings fortunately is sufficient to meet the 5 times ruling. However as we both live overseas I am concerned about my USC fiancees ability to show income from a US employer.

My father who is a Green card holder would also be prepared to sponsor us if thats neccasary.

I will read and reread the links you kindly added. Very much appreciated.

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Filed: Citizen (apr) Country: Ireland
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Assets abroad are not always counted, I am not sure about the US embassy in Australia, but many US embassies would want to see the assets being US based- can you transfer the money into a US savings account?

Otherwise, the greencard holder dad sounds like a good co-sponsor.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Filed: Citizen (apr) Country: Australia
Timeline

We live in Australia and your assets do count. No matter what you have to have the AOS but when you have income from abroad you have to have $72k in savings. We had half of that and the Consulate in Sydney told us our house would count as the rest. I got approved on the sale of our house.

We did not need a joint sponsor, my husband (USC) just had to sponsor me even though we don't live ther but we had the cash or assets needed.

M.

Edited by austex
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  • 6 years later...
Filed: K-1 Visa Country: Australia
Timeline
On 6/23/2013 at 12:56 PM, austex said:

We live in Australia and your assets do count. No matter what you have to have the AOS but when you have income from abroad you have to have $72k in savings. We had half of that and the Consulate in Sydney told us our house would count as the rest. I got approved on the sale of our house.

We did not need a joint sponsor, my husband (USC) just had to sponsor me even though we don't live ther but we had the cash or assets needed.

M.

Hi Austex

 

Thanks for the above, I'm glad i came across your thread - we were wondering on using foreign assets for AOS, would USCIS require you to liquidate the assets as part of the condition for approval? I know it says can be converted in a year but it's not stating that we have to liquidate right? Weird if USCIS forces the immigrant to sell his or her assets if they use it in the I-864

 

Thanks!

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7 minutes ago, Nomad82 said:

we were wondering on using foreign assets for AOS, would USCIS require you to liquidate the assets as part of the condition for approval?

No you do not need to liquidate US assets to file.   Foreign assets are up to their discretion.  In our case all they cared about was US income and US Assets

 

USCIS will consider liquid assets and non primary housing for an I-864.

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